USPTO Patents Application 09673448

IN THE UNITED

PATENT APPLICATION
ES PATENT AND TRADEMARK OFFICE

Docket No: Q61152

Group Art Unit: 1634
Examiner: Goldberg, J.

In re application of
CLARK, SUSAN J., et al.
Appln.No.: 09/673,448
Confirmation No.: 5339
Filed: November 27, 2000

For: ASSAY FOR METHYLATION IN THE GST-PI GENE

SUBMISSION OF EXECUTED DECLARATION 1.132

Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450

Sir:

Please find the attached executed declaration under 37 CFR §1.132, explaining an
unintentional error in the declaration filed January 1, 2005.

SUGHRUE MION, PLLC
Telephone: (202) 293-7060
Facsimile: (202) 293-7860

WASHINGTON OFFICE

23373

CUSTOMER NUMBER

Respectfully submitted,

MarJt L. Hayma
^gistration No. 5YJ93

Date: November 7, 2005

Docket No.:

Serial number:

iplicant:

IN THE UNITED STATES PATENTS AND TRADE MARK OFFICE

09/673,448

Susan J Clark et al.

Filing date:

November 27, 2000

Title:

Assay for Methylation of GST-Pi gene

Examiner:

Jeanine Goldberg

Group Art Unit:

1634

DECLARATION UNDER 37 C.F.R. 1.132

I, Peter Laurence Molloy of 41 Bellevue St, Chatswood, NSW 2067, Australia, declare that:

1 . I am the same Peter Laurence Molloy who made the Declaration under 37 CFR 1 . 132
dated 21 December 2004 ("my previous Declaration") in the above matter

2. At paragraph 24 of my previous Declaration, I cited a passage which I identified as
being taken from Herman et al However, in the Office Action mailed 20 April 2005,
the Examiner, at page 13 of the Office Action, indicated that she has reviewed Herman
and Lee and could not identify the citation I provided at paragraph 24.

3. The Examiner's comments caused me to revisit my previous Declaration and I found
that the Examiner was indeed correct. I had mistakenly attributed the passage to
Herman et al when in fact the passage was taken from US Patent No. 5,552,277
(Nelson et al), a copy of which is attached as Annexure A. The quoted passage
appears at column 12, lines 27 to 33 of Nelson et al. I regret any inconvenience this
may have caused.

4. I declare that the incorrect identification of the source of the quoted passage in my
previous Declaration was unintentional.

5.

I further declare that all statements made herein of my own knowledge are true and

that all statements made on information and belief are believed to be true, and further,
that these statements are made with the knowledge that false statements and the like
are punishable by fine or imprisonment, or both, under Section 1001 of Title 19 of the
United States Code, and that such wilful false statements may jeopardise the validity
of this application or any patent issuing therefrom,

Dated this 1 8th day of October 2005 .